Trusts and Estates Case Alerts

Where the trust provided the trustee with “sole discretion” to make any distribution in cash or in-kind, it was error for the probate court to interpret the trust as requiring an immediate sale of real property and distribution of the proceeds.  Read more

Time limits in Probate Code section 8226(c) for filing a petition to probate a will only bar the will proponent if that proponent received pre-hearing notice of a prior, competing petition for probate. Read more

Bank owed law firm a duty of care based on the special relationship it had with the law firm as an intended beneficiary of a court-ordered estate blocked account. Read more

A personal representative may not represent the estate in propria persona even in the probate action on claims pursued for the benefit of the estate’s beneficiaries. Read more

Complaint that named trust, rather than trustee, as plaintiff did not deprive court of fundamental jurisdiction and trial court abused its discretion in denying leave to file an amended complaint substituting trustee as the plaintiff. Read more

Extrinsic evidence is admissible to determine whether a document was intended as a will even when the terms are unambiguous. Read more

Persons who hold estate property or receive it on or after the date of death are personally liable for unpaid estate taxes on that property. Read more

Trial court abused its discretion by applying the wrong legal standard when it defined “special needs” more narrowly than allowed under the trust instrument and special needs trust law in general. Read more

A settlor must follow the modification method set forth in the trust for an amendment to be valid. Read more

The Probate court has the power to appoint persons to protect a conservatee’s interests and the power to deny appointment of proposed conflicted counsel as conservatee’s independent counsel. Read more